A landmark bill to overturn the collegium system to appoint judges in High Court and Supreme Court was passed unanimously by the Lok Sabha and Rajya Sabha. The National Judicial Appointments Commission (NJAC) Bill, 2014 has the provision of constituting a six member panel to appoint judges form now onwards.

The Chief Justice of
India will head the NJAC. Along with CJI, the committee would be
represented by two senior judges of the Supreme Court, two eminent
personalities and the Union law minister. Senior lawyers have
expressed their happiness over setting up National Judicial
Appointments Commission for judges' appointments. The senior lawyers
feel that the old collegium system was biased.

MN Krishnamani, a senior
counsel practising at the Supreme Court, who is also a former
president of Supreme Court Bar Association, backed the government's
decision to abolish collegium system.

In
Focus

While counting various
demerits of the collegium system, Krishnamani said, "I am also
against this collegium system personally, because the collegium
system shows favoritism, is biased an totally ignores the real merit
of the candidates. The preference is given to the kins of judges or
their siblings, and others are not considered. And another thing is,
in collegium system no criteria has been laid down for the selection
of judges. Those people who are brilliant, they are not even being
considered by the judges, they look only for their relatives, or
those who were their ex-juniors, this was the major defect in the
collegium system."

While speaking about the
NJAC he expressed his unhappiness while saying that there is no
criteria indicated even in this new system for the selection of new
judges. He wants government to come out with proper advertisement in
newspaper regarding the vacancy of judges.

"The present system
which was introduced in the parliament yesterday, is comparatively
better than the older one. But even in this system, no criteria has
been indicated. For the selection of judges, the panel should first
give an advertisement in the newspaper, so that prospective lawyers
can apply for the judge's post. A search committee should be there
which will select some names out of those applications, according to
a particular criteria. Then the larger committee should come into
picture and take the final decision."

KC Kaushik, a three time
General Secretary of Supreme Court Bar Association and former
Additional Solicitor General of India in High Court of Judicature at
Allahabad feels that the collegium system was biased.

KC Kaushik said, "As far
as the collegium system is concerned, that has been totally uncalled
for, as its a biased system of selection of judges. When the black
sheeps are there, and if corrective measures are not taken at the
right time, then the entire system will collapse. It will collapse
the whole democracy in the country, and their will be no difference
between us and Pakistan then."

When asked to comment
about the new system of selection of judges through NJAC, he said,
"As far as new system is concerned, until and unless that is
implemented we will not be in a position to judge it. But I think it
will be better than the present system."

Ashok Aggarwal, a Supreme
Court lawyer and a social activist while reacting to the new system
of judges' appointment supported the abolishment of collegium system.

He said, "It's a right
step taken by the government, because there were chances of picking
up the favorites (in collegium system). We were demanding to abolish
this collegium system for long but it didn't happen. Finally the
government has taken this decision now, and I am with the decision.
And about the new system, we need to wait and see how it works."